Whittlesey v. McMahon
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought originally to the county court, to obtain the legal title to certain real estate, on which the plaintiff had levied an execution. On the 1st of January, 1828, Constantine McMahon was indebted to the plaintiff in the sum of 209 dollars, for which he gave his promissory note, payable on demand, with interest. He was, at this time, largely indebted to other creditors and insolvent, and has ever since continued so to be.
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IN ERROR. This was a bill in chancery, brought originally to the county court, to obtain the legal title to certain real estate, on which the plaintiff had levied an execution. On the 1st of January, 1828, Constantine McMahon was indebted to the plaintiff in the sum of 209 dollars, for which he gave his promissory note, payable on demand, with interest. He was, at this time, largely indebted to other creditors and insolvent, and has ever since continued so to be. On the 16th of July, 1829, he assigned his property to a trustee, for the benefit of his creditors. On the 1st of March, 1830, the…
1Opinion of the CourtBissell, J.
The only question is, whether upon the facts disclosed on the record, the county court erred in dismissing the plaintiff’s bill.
Upon the facts stated in the bill, and which have not been negatived, by the finding of the court., there would seem to be no doubt, that the plaintiff would be entitled to the relief sought. It is stated, and not denied, that the lands, upon which the plaintiff’s execution was levied, were purchased by Constantine McMahon, at a time when he was deeply indebted, and a bankrupt; and that he procured the conveyance to be made to the defendants, his minor children. Were…
2Cases cited3 opinions
- Salmon v. BennettSupreme Court of Connecticut · 1816
- Beach v. NortonSupreme Court of Connecticut · 1830
- Fitch v. AyerSupreme Court of Connecticut · 1817
3Cited by7 opinions
- Sims v. RicketsIndiana Supreme Court · 1871
- Huntington v. JonesSupreme Court of Connecticut · 1899
- Botsford v. BeersSupreme Court of Connecticut · 1836
- O'Neill v. KilduffSupreme Court of Connecticut · 1908
- Trumbull v. HewittSupreme Court of Connecticut · 1893
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